After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]
Abandoned Alien Child.
An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
Directed Verdict In Civil Rights Action Reversed.
More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
Social Security Funds In Bank Account Protected From Levy.
When a creditor served a writ of execution to levy funds in the debtor’s bank account, the debtor submitted a claim of exemption to the writ, asserting the funds in the account were Social Security payments exempt from levy under 42 U.S.C. § 407. The creditor opposed the claim of exemption, citing Code of Civil […]
Provision Requiring Club Members To Arbitrate Disputes Too Late.
In Cobb v. Ironwood Country Club (Cal. App. Fourth Dist. Div. 3; January 28, 2015) 233 Cal.App.4th 960, [183 Cal.Rptr.3d 282], the defendant club amended its bylaws to include a provision requiring club members to arbitrate disputes, four months after the plaintiffs, two club members and two former club members, filed the instant case. The club […]
Does Application Of The “Honest Belief” Defense To A CFRA Claim Deprive An Employee Of An Unwaivable Statutory Right?
In Richey v. AutoNation, Inc. (Cal. Sup. Ct.; January 29, 2015) 60 Cal.4th 909, [182 Cal.Rptr.3d 644, 341 P.3d 438], the California Supreme Court sidestepped the issue of whether an arbitrator’s presumably erroneous interpretation of the Moore-Brown-Roberti Family Rights Act (CFRA) deprived an employee of an unwaivable statutory right. The plaintiff employee was fired by defendant […]
Can A Court Intervene In An Ongoing Arbitration.
The Ninth Circuit discussed the ability of a court to intervene in an ongoing arbitration in Sussex v. United States Dist. Court for the Dist. of Nev. (Ninth Cir.; January 27, 2015) 776 F.3d 1092. This was a consolidated action brought by 385 condominium purchasers against the developer. The matter was submitted to arbitration before the […]
Employer’s Petition To Compel Arbitration Denied.
In Montano v. Wet Seal Retail, Inc. (Cal. App. Second Dist. Div. 4; Januanry 7, 2015) (As Mod. January 13, 2015) 232 Cal.App.4th 1214, [182 Cal.Rptr.3d 220], an arbitration agreement drafted by an employer provided that the employee waived the right to file a private attorney general claim. It also stated that this provision was a material […]
Nominal Damages Did Not Support Award Of Attorney Fees In Real Property Dispute.
This case involves a vineyard versus winery boundary dispute. After a bench trial, the court ruled in favor of the vineyard, quieted title, granted injunctive relief, awarded $1 in damages for past trespass and awarded the vineyard $117,000 in attorney fees under CCP § 1021.9, which provides: “In any action to recover damages to personal […]
Evidentiary Errors And Attorney Misconduct During Trial Result In Reversal Of $1.2 Million Verdict.
During a test drive of a brand new BMW, the prospective purchaser, the defendant here, crashed and totaled the car and injured the salesman, the plaintiff. A jury awarded plaintiff $1.2 million. Citing evidentiary errors and attorney misconduct, the defendant appealed. The appellate court reversed. One of the evidentiary errors found was that the trial […]
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